Francisco Chavez v. Raul M. Gonzales and National Telecommunications Commission, G.R. No. 168338, February 15, 2008

D E C I S I O N
(En Banc)

PUNO, J.:

I.      THE FACTS

As a consequence of the public release of copies of the “Hello Garci” compact disc audiotapes involving a wiretapped mobile phone conversation between then-President Gloria Arroyo and Comelec Commissioner Virgilio Garcillano, respondent DOJ Secretary Gonzales warned reporters that those who had copies of the CD and those broadcasting or publishing its contents could be held liable under the Anti-Wiretapping Act. He also stated that persons possessing or airing said tapes were committing a continuing offense, subject to arrest by anybody. Finally, he stated that he had ordered the National Bureau of Investigation to go after media organizations “found to have caused the spread, the playing and the printing of the contents of a tape.” 

Meanwhile, respondent NTC warned in a press release all radio stations and TV network owners/operators that the conditions of the authorization and permits issued to them by government like the Provisional Authority and/or Certificate of Authority explicitly provides that they shall not use their stations for the broadcasting or telecasting of false information or willful misrepresentation. The NTC stated that the continuous airing or broadcast of the “Hello Garci” taped conversations by radio and TV stations is a continuing violation of the Anti-Wiretapping Law and the conditions of the Provisional Authority and/or Certificate of Authority.  It warned that their broadcast/airing of such false information and/or willful misrepresentation shall be a just cause for the suspension, revocation and/or cancellation of the licenses or authorizations issued to the said media establishments.

New York Times v. United States, 403 U.S. 713, June 30, 1971

PER CURIAM:

I.      THE FACTS

In New York Times vs. U.S., 403 U.S. 713, June 30, 1971, the federal government of the U.S. sought to enjoin the New York Times and the Washington Post from publishing the contents of a classified Pentagon study entitled “History of U.S. Decision-Making Process on Viet Nam Policy.”

Iglesia ni Cristo v. Court of Appeals, G.R. No. 119673, July 26, 1996

D E C I S I O N

PUNO, J.:

I.      THE FACTS

Several pre-taped episodes of the TV program “Ang Iglesia ni Cristo” of the religious group Iglesia ni Cristo (INC) were rated “X” – i.e., not for public viewing – by the respondent Board of Review for Moving Pictures and Television (now MTRCB). These TV programs allegedly “offend[ed] and constitute[d] an attack against other religions which is expressly prohibited by law” because of petitioner INC’s controversial biblical interpretations and its “attacks” against contrary religious beliefs. 

Petitioner INC went to court to question the actions of respondent Board. The RTC ordered the respondent Board to grant petitioner INC the necessary permit for its TV programs. But on appeal by the respondent Board, the CA reversed the RTC. The CA ruled that: (1) the respondent Board has jurisdiction and power to review the TV program “Ang Iglesia ni Cristo,” and (2) the respondent Board did not act with grave abuse of discretion when it denied permit for the exhibition on TV of the three series of “Ang Iglesia ni Cristo” on the ground that the materials constitute an attack against another religion. The CA also found the subject TV series “indecent, contrary to law and contrary to good customs.” Dissatisfied with the CA decision, petitioner INC appealed to the Supreme Court.